Terms and Conditions

Effective from: 1st March, 2015 at 11pm Eastern Time

This legal agreement between You and Passionboard Inc. (“Passionboard” or “we” or “us”) governs your use of Passionboard (the “SITE”) and its services. By using the Service, you acknowledge and agree to the terms and conditions, Passionboard privacy policy, Passionboard DMCA policy, Passionboard community guidelines and Passionboard project guidelines. Subject to these terms and conditions, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our products. We reserve all rights.

1. Starting Passionboard

To start using Passionboard and its services, you must sign up to register for an account. While creating Passionboard account, you must submit accurate information. Any use or access by anyone under the age of 13 is prohibited. You’re responsible for keeping your credentials secure and for all the activities in your account. We reserve the rights to terminate your account in case of violations or discrepancy with these terms and conditions.

2. Using Passionboard

Passionboard allows you to create project for your idea. Project may contain text, images or videos. Furthermore, you are allowed to comment, like, route, rate and report on the projects published in Passionboard. Anything you do in Passionboard is “User Content”. You retain all the rights in, and responsible for the user content made available by you. However, you hereby grant Passionboard and its users a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, display and perform the user content in connection with Passionboard and its services. User content made available in Passionboard is perpetual and irrevocable. We may retain the user content even after the deletion or removal of such user content by you. We reserve the right to remove or modify User Content at anytime for any reason.

The content on the Passionboard, and the trademarks, service marks and logos (“Marks”) on the Passionboard, are owned by Passionboard, subject to copyright and other intellectual property rights under the law. You may access the content for personal use solely as permitted by Terms and Conditions of Passionboard. But you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or exploit any content for any purposes without prior written consent of Passionboard. Furthermore, you agree not to interfere, disable, abuse or intend to hack the functionalities of Passionboard and its services.

3. Passionboard DMCA Policy

Passionboard takes copyright issues seriously. It is Passionboard’s policy to respect the intellectual property of others. We respond any copyright issues in accordance with Digital Millennium Copyright Act (available at http://www.copyright.gov/legislation/dmca.pdf). We reserve the right to terminate, suspend or remove the contents alleged to be infringing at our sole discretion. If you believe your content has been infringed, you can send notice or counter-notice to our copyright agent.

Passionboard is a creative platform that connects people to discover, share and boost genuine ideas.

4.1 After you submit the project to Passionboard, our system automatically reviews your project for Project Guidelines. Once your project passes Project Guidelines, it is publicly available.

4.2 Once the project is initiated, all projects are assigned status depicting the lifeline of project. There are 5 phases of lifeline for any projects and those phases are noted as “status” of the project. Status will be shown inside the “project tab” and on the left side of video along with rating, ranking and analysis.

4.2.1 Initiation phase: Once the user click “upload” for a project and completes first page (project title, category, location, developer), he must click at least “save & next” to get “Initiation phase” for his project. Project will remain under initiation phase until it passes initial review for community guidelines. Single letter “I” will denote this status.

4.2.2 Published phase: Once the project pass initial review for community guidelines, project goes live to public and the “published phase” starts. In this phase, project will get seed ratings and other user starts to engage with this project. Once the project gets this status, it will never ever get deleted. Single letter “P” will denote this status.

4.2.3 Started up phase: The project under “published phase” turns into “Started up phase” if the project becomes eligible for funding and listed in “Fundables” tab. Single letter “S” will denoted this status.

4.2.4 Developed phase: The project under “started up” phase can turn into “Developed phase” if the project gets successful funding. Then the project goes into product development. Single letter “D” will denote this status.

4.2.4 Launched phase: When the product development gets completed and become available for use (sell/buy), the project enters into final phase “Launched”. All the data will be preserved and available for view, but no one can get engaged (like, comment or rate, etc.). Single letter “L” will denote this status.

4.3 Your project will receive seed ratings from Project Analysis department of Passionboard within 24 hours of acceptance from Project Guidelines. If your project fails in seed rating procedure, your project will be removed and cannot be accessed publicly. Seed ratings are calculated using Bayesian Statistics over manually devised factors. The underlying formula, filter process and algorithms are confidential and protected under intellectual property rights of Passionboard.

4.4 Projects that appear in “Trend” section are of high values. We calculate trending score for all projects using our algorithm defined by five factors: (a) Like (b) Rating (c) Comment (d) Route (e) Time period

4.5 You can suggest projects to others by using “Route” service.

4.6 You can view projects uploaded by your routers in “Routed” section.

4.7 You can monetize your project. Other users have to pay the monetized value to view such project while clicking “Analysis”. You will receive the money after deducting Passionboard fees and charges. All transactions are available in “Finance” section.

4.8 You can advertise your project. Advertised projects are subject to higher views and higher success. You must pay as per the rules and as per your ad settings to advertise in Passionboard.

4.9 There is no exchange or refund policy in Passionboard except when we failed to provide service in error.

5. Security, Third-party links, Sites and Services

We do care about the security of our users in serious manner. Our services may contain links to third-party websites or services that are not controlled by Passionboard. If you access such websites, services or contents from Passionboard, you do so at your own risk and you agree that Passionboard will have no liability arising from such use services or content.

6. Termination Policy

Passionboard reserves the right to decide whether users or their contents violate these terms, conditions and policies set by Passionboard. Passionboard may at any time, without prior notice, in its sole discretion remove such content and/or terminate a user’s account for submitting such material in violation of there terms and conditions.

7. Our Rights

Passionboard reserves all right to make changes in our website and services with or without any notice or liability. We have the right to terminate any account or decline to offer any services. Passionboard is not liable for any damages as a result of these actions.

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PASSIONBOARD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. PASSIONBOARD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. PASSIONBOARD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PASSIONBOARD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9. Limitation of liability

YOU SPECIFICALLY ACKNOWLEDGE THAT PASSIONBOARD SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PASSIONBOARD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

10. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Passionboard, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these terms and conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Service.

11. Governing Law and Jurisdiction

In case of any disputes, we encourage you contact us to resolve those issues. But when legal action arises, these terms and conditions, policies and guidelines will be governed by and construed in accordance with the laws of the State of New York and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.

You agree that Passionboard and its Services are deemed a passive website that does not give rise to jurisdiction over Passionboard or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Passionboard, shall be filed only in the state or federal courts located in New York County in the State of New York, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

12. General terms

These terms and conditions may change time to time and we’ll notify you using appropriate method. By continuing to access or use the services after revisions become effective, you agree to be bound by the revised Terms and Conditions. If you do not agree to the new terms, please stop using Passionboard and its Services. These terms and conditions, together with privacy policy, community guidelines and project guidelines shall constitute the entire agreement between you and Passionboard relating to the Service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by these Terms and Conditions. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Passionboard without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Passionboard’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.